There are certainly some negative consequences that can come from an IRS interview when you are under audit and having to deal with that. You obviously want to ensure that things go as smoothly as possible for you during this time. In order to get the best results that you can, it is necessary to think about your strategy ahead of time.
When being asked questions by an IRS agent you should always try to keep your answers as short and to the point as possible. Do not expand upon your answers if you are not asked to do so. In other words, only give them the direct information that they are looking for.
A tax attorney is a good thing to have with you when you go to do the interview. Many of those attorneys are savvy enough to know that they may need to signal their clients non-verbally that they are treading into dangerous waters at some point during the interview. It happens often enough that the lawyers are well aware that they may have to advise some clients that they are speaking too much. Those clients should try to pick up the body language signs that their attorney is giving them in order to avoid making any missteps.
The auditor may ask for copies of tax returns from previous years. Attorneys say that no taxpayer should turn these over unless they are specifically instructed to by their attorney. The auditor may be just fishing for some information that he or she is not really entitled to. That also happens on a somewhat frequent basis, so it is advisable to avoid messing with this entirely and always going to your attorney for answers as to what kind of documents you should really be turning over to the auditors. It may not be that they get everything that they want from you.
Some people may feel at some point that they are not being treated fairly or with respect. Even in that tense situation, it is their responsibility to remain calm and under control. They need to have a respectable attitude about things because that is the only way in which they will be able to control any bit of this situation. Getting emotional or having an outburst of any kind is not going to help the situation in any way.
If tax fraud is mentioned at any point during the interview, your counsel will likely recommend that you plead the Fifth Amendment and remain silent on the topic. That is what area that they definitely do not want you to give up any answers about to the IRS. They would rather fight about that in court than risk you self-incriminating. You should follow the advice of your attorney on that one and just let that question be hashed out in court at some point down the line. There is no point in trying to explain your situation to an IRS agent who isn’t going to care about it anyway.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201